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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 22, 2013
04/13
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miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just do this
miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's...
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Apr 23, 2013
04/13
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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Apr 20, 2013
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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Apr 23, 2013
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tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they are suspects. >> they never showed signs of any violence or wanting to harm people. they were great members of our society. i remember a great friendly giant. he cared for people. more on the reserved side. they respected life at one point and i don't know what happened. >> joining me from boston is michael tracking the new leads and joining the fvgz former white house counter terrorism official, an nbc analyst. it is good to have you here. i think you can hear what the mom is saying and also what friends are saying. i want to start with you beca
tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they...
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Apr 21, 2013
04/13
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the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were acting alone and that there are no more suspects out there? >> i'm confident that they were the two major actors in the violence that occurred. i am very, very sure that during this thorough investigation we'll get to the bottom of the whole plot. that's all i can say right now. i told the people of boston that they can rest easily. the two people who were committing these vicious attacks are either dead or in custody. we cleared dozens of packages that had been dropped by people fleeing the scene. so everything was treated suspiciously. in a situation like this, bombers often target first r
the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were...
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Apr 20, 2013
04/13
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. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and ongoing investigation we will be reviewing all of the evidence before that decision is made in terms of whether or not to seek the death penalty. you review all of the evidence and it is a thoughtful, long process that is engaged and the attorney general of the department of justice that makes the final decision. >> can you tell us what happens at the scene was the moving around? how did you know, ? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of information and finding blood in the car , beh
. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and...
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Apr 20, 2013
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. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of terrorism and the government has that opportunity right now. though i believe that the is suspect has been taken to a hospital. thank you. >> what are the conditions -- >> i'm sorry? >> will you seek the federal death penalty. >> i indicated earlier this is still an active and ongoing investigation. we will be reviewing all of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful long process that is engaged and it is the attorney general of the department of justice that makes that final de
. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of...
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Apr 20, 2013
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in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always exactly like that and in the movies the person saying it usually has a much cooler accent but that's pretty much the idea. your statements are only admissible in court if they come after you've been told that list of things about your rights. there is a public safety exception for questions that just had to be asked of you urgently for legitimate public safety need even if those questions came before you got read the miranda. the obama administration has extended the reach of that public safety exemption so it can last longer to attend to the public safety threats that could accrue in terrorism
in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always...
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Apr 20, 2013
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certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed to her they have identified the identity. it is the younger brother suspect number two that is in custody. now they say federal officials have verifieded the identity. the official i communicated with said in custody, unspecified medical needs. they are now sweeping the area. >> bryan, what are you seeing. what did you see go down? >> anderson we just observed the scene from a rooftop probably 500-yard away from the backyard area. it had calmed down but we did see some police activity in the backyard. flashlights moving around. a police chopper had ret
certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed...
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Apr 20, 2013
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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Apr 20, 2013
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once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still hearing me, pete? nope. >> oh, there i hear you now. sorry. i hear you now. >> oh, you can hear me now. little bit of technical difficulty. but it's the kind of thing that asking for forgiveness. i guess i ask from a broader justice perspective. if he does cooperate, despite the heinous nature of the activities that he will, in all likelihood be accused of, murder, the mayhem, the terrorism in the bombing of the boston marathon, is there anything for him to be gained from a legal perspective by cooperation? >> well, he avoids the death penalty. which -- well although in the federal case, i'm not sure about th
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still...
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Apr 20, 2013
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 20, 2013
04/13
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. >> already this row about whether he should have been read his so-called miranda hospital rights. it really underlines the kind of scrutiny this trial is going to be subjected to once it's underway. ,> the scrutiny for the trial but also the scrutiny of the investigation up to this point. people will be wanting to know why the fbi interviewed the older brother in 2011 at the request of the russian government, who were concerned about his links to chechen separatists. at that point they came back and said there was nothing to worry about. ,s president barack obama said they have to find out why two young men who came to this country 10 years ago, who studied here and seem to be part of the fabric of society then suddenly decided to do what they did. who perhaps radicalize them, who guided them? was there someone dictating what they do? ity people leave -- believe is too disillusioned people -- two disillusioned young man working on their own. they will not get a chance to speak to him for the next few days at least. >> thank you. david has a bit more. ,his is the capital of dagesta
. >> already this row about whether he should have been read his so-called miranda hospital rights. it really underlines the kind of scrutiny this trial is going to be subjected to once it's underway. ,> the scrutiny for the trial but also the scrutiny of the investigation up to this point. people will be wanting to know why the fbi interviewed the older brother in 2011 at the request of the russian government, who were concerned about his links to chechen separatists. at that point...
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Apr 20, 2013
04/13
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and authorities decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have the video evidence and they have forensic evidence, and i am sure they have dna evidence now because there has been blood and a fight. so they are more interested in trying to get information for him to identify whether there are any more accomplices or relationships to foreigners. >> is there anybody else out there? >> of course, that's question number one. and for the information gathering they are doing now is totally separate from the case they will be making in court. >> they are trying to piece together not just the last few days but in some cases the last year, or more than a
and authorities decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have...
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Apr 20, 2013
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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Apr 23, 2013
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his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he said. i did talk to on
his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information...
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Apr 21, 2013
04/13
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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Apr 23, 2013
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and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he
and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he...
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Apr 21, 2013
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. >> we now know that the suspect has not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make up the rules as you go. if you do not follow the law, if you do deviate from it, the things you do could cost the case ultimately. any confession you could get could be thrown out or dismissed or anything like that. you want to make sure that you do follow the law even though you may feel otherwise, we have to be careful. >> all right. an experienced interrogator, thank you so much for joining us. appreciate it. >> thank you. >> we have some good news for all that flooding out west. we'll tell you what it is, your weather forecast coming up. hey! did you know that honey nut cheeri
. >> we now know that the suspect has not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make...
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Apr 23, 2013
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if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read you some of the key sec
if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that...
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Apr 20, 2013
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dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during questioning. if you cannot afford an attorney, one will be appointed for you before any questioning if you wish. if you decide to answer any questions without an attorney present, you have the right to stop answering at any time until you talk to an attorney knowing and understanding your rights as i explain them to you, are you willing to answer my questions without an attorney present. it is not always exactly like that. in the movies, the person saying it usually has a much cooler accent. but that's pretty much the idea. the idea is that your statements are only admissible
dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during...
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Apr 21, 2013
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he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and exclusively relying on the public safety exception of miranda could very well be a national security mistake, they call it. they could severely limit our ability to gather critical information about future attacks from this suspect. alex? >> okay. thank you for that latest from the white house, peter alexander. >>> some staggering numbers associated with the world's biggest marathon and a massive security effort trying to prevent another attack. we have a live report next. >>> and boston strong, some poignant and defiant moments as the city returns to life. [ male an
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and...
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Apr 20, 2013
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there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an evidentiary point. >> so your point is, just so i can clarify, your point is, we can still very likely put this guy in jail, or get the death penalty, whatever we decide. we may not need any of these statements against him in court. why not interrogate him for public safety reasons longs as long as we want? >> jay is right. the guy confessed in the carjacking. the terror suspect confessed to being the boston bomber. tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others
there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an...
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
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attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because they're terrorists or whether they should be handled through the criminal justice system, they have adjusted that slightly to say when you have a terrorist in custody, you skip the miranda warning in the beginning on the public safety exception. you get to any questions that have to do with is there any danger right now? are there explosives devices? hazardous material? some plot you can tell us abouts this still unfolding against another target? when you have gotten through the exigent part of the public safety piece, then you revert back to all right,
attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because...
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the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the follow-up. >> all right. thank you so much for those insights. up next, the international connection. a whole host of theories about the boller's motives. what if anything did his beck ground play? ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell h
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the...
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mccain and graham says the injured suspect is not entitled to his miranda rights. they want him to be treated as an enemy combatant. it's a non-debate for him. the mother-in-law she is sickened by the horror inflicted. the family realizes now they never really new tamerian tsarnaev, the suspect number one and cannot begin to comprehend this tragedy. we are all over the developments including something going on in the city of chicago. more on that in a second. here is what we got for you now. mike tobin in watertown, massachusetts. what is the latest on the investigation there. ed henry at the white house responding to all these crosscurrents everywhere. to eric shawn where the injured suspect remains not surprisingly under heavy guard. mike? >> reporter: neil, this is the i dill i can neighborhood where it came to an end in a blaze of gunfire. the view of the helicopter pilot had there was someone hiding in that boat. he was wounded and bleeding, dzhokar tsarnaev half an hour from the cover of night that could have allowed him to move again. there were federal agen
mccain and graham says the injured suspect is not entitled to his miranda rights. they want him to be treated as an enemy combatant. it's a non-debate for him. the mother-in-law she is sickened by the horror inflicted. the family realizes now they never really new tamerian tsarnaev, the suspect number one and cannot begin to comprehend this tragedy. we are all over the developments including something going on in the city of chicago. more on that in a second. here is what we got for you now....
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Apr 23, 2013
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>> sure, the public safety exemption to miranda allows the fbi to interrogate without mirandaizeing them an without council. this helps them to determine whether or not there is anyone else in the support structure as tim clemente discussed earlier, if there are any support structure and it does present a potential problem a potential evidentiary problem for prosecution at trial in so far a federal judge could decide certain evidence is not admissible in court. but when you look at the massive amount of evidence that has been amassed in this case it's unlikely that they would not be able to get a conviction. it makes sense that they would proceed on this basis empty with the concern of a possible international connection. >> and they miranda mirandaized tim mcveigh but they didn't have as much and he didn't present as a foreign threat. i've worked as around the world as a scholar and lawyer, there is a question of international connection and it's appropriate for them to be asking these questions, not to mention that they'll probably race the issue on constitutional ground when it comes
>> sure, the public safety exemption to miranda allows the fbi to interrogate without mirandaizeing them an without council. this helps them to determine whether or not there is anyone else in the support structure as tim clemente discussed earlier, if there are any support structure and it does present a potential problem a potential evidentiary problem for prosecution at trial in so far a federal judge could decide certain evidence is not admissible in court. but when you look at the...
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Apr 21, 2013
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officers did not read him his miranda rights. they invoked a rarely used public safety exception. the case started thursday night when his older brother tamerlan died after a firefight with police. then officers spent friday going door to door in watertown looking for johar. pictures from a night vision camera show he was hiding in a boat stored in a backyard. after a second shootout, tsarnaev gave himself up and medics rushed him to the hospital. doctors here at boston's beth israel are treating the suspect for serious injuries. cbs news has learned he is suffering from leg and neck wounds and could have bled to death if he hadn't been found in time. authorities are still in watertown collecting evidence. residents are glad it's all over. >> it's surreal finding yourself in a war zone. >> reporter: a memorial for the victims is growing in downtown boston. 11-year-old catherine left this note. >> i meant it with my heart when i wrote it and i really hope boston gets better. >> reporter: many say they are glad life can get back to normal finally. now, one of the latest statements w
officers did not read him his miranda rights. they invoked a rarely used public safety exception. the case started thursday night when his older brother tamerlan died after a firefight with police. then officers spent friday going door to door in watertown looking for johar. pictures from a night vision camera show he was hiding in a boat stored in a backyard. after a second shootout, tsarnaev gave himself up and medics rushed him to the hospital. doctors here at boston's beth israel are...
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doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that ha
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >>...
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that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to look into his activities. there was a belief by that government he might have been involved in some kind of activities. the fbi did look into it. they issued a statement i want to read to you in part saying in response to the 2011 request, the fbi checked data basis looking for things such as derogatory telephone communications, and possible use of online sites associated with the promotion of radical activity, and associations with other persons of interest, and travel history and plans. the fbi did not find anything of concern. and the older brother trav
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to...
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jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in serious condition but table stable ae stable according to local sources here. we are expected to hear from the u.s. attorney's office possibly as early as today on charges. there are varying reports about his ability to communicate. some have said he's been able to write things down, that is not confirmed through official fbi sources or the hospital staff on hand. we know from a high-ranking lawmaker that dzhokhar suffered a gunshot wound 0 to his throat, and they are not saying at this time whether it was self-inflicted. he had a considerable blood loss in the community of watertown during
jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in...
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he was not read his miranda rights. will he be charged under military or civil law? more ahead. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! [ construction sounds ] ♪ [ watch ticking ] [ engine revs ] come in. ♪ got the coffee. that was fast. we're outta here. ♪ [ engine revs ] ♪ how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ ♪ sweet carol
he was not read his miranda rights. will he be charged under military or civil law? more ahead. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition...
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Apr 22, 2013
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i do not care if you read people their miranda rights, but do not shut down the intelligence gathering process. on the way he agreed to cooperate is the fbi flew to his family and his parents convinced him. hadtimes square bomber, he pakistan taliban ties and was read his miranda -- render rights and we never interrogating him for intelligence gathering purpose. osama bin laden's father-in-law was never designate and -- and an enemy -- son in law was never designated an enemy combatants. can you imagine what he could tell us? he was the spokesman for al qaeda after 9/11. there was a disturbing pattern of not gathering intelligence when that opportunity exists. i will grab a pen and pad and we will go next door and i will answer questions about what you have about the fbi. we're way to observe a moment of silence here for the folks in boston. >> she was very bright, very political, which is why she and lincoln got together in the first place. she spoke several languages fluently. she was extremely well educated. she had all of these things going for her, but she had suffered a series of
i do not care if you read people their miranda rights, but do not shut down the intelligence gathering process. on the way he agreed to cooperate is the fbi flew to his family and his parents convinced him. hadtimes square bomber, he pakistan taliban ties and was read his miranda -- render rights and we never interrogating him for intelligence gathering purpose. osama bin laden's father-in-law was never designate and -- and an enemy -- son in law was never designated an enemy combatants. can...
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ] bjorn's small business earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth ] why settle for less? ahh, oh! [ garth ] great businesses deserve unlimited rewards. here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there !
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ]...
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he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
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no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
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i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the public safety exception is to find out whether or not there is explosive devices out there that would cause some harm to the public -- >> which they're worried about. they don't know where all the pipe bomb went. >> sure. it's an absolute right to use the public safety exception in these circumstances. or is there an act of conspiracy beyond him and his brother. that's important for law enforcement to get to the heart of that as quickly as possible. >> that's an important point. we've been talking about, you know, they thought during the day that he could have some of those pipe bo
i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the...
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he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of information and it looks like the fbi and the national security apparatus is concerned about getting information, then you would want to get as much as you can out of someone in the near term in order to roll up any other individuals that might have been involved in a potential conspiracy. turning to the question on whether someone is an enemy combatant or not, if you apply law in 1944 when we were dealing with germans in the united states, maybe you could classify him as an enemy combatant. in the last 20 or 30 years, every major act of do
he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of...
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Apr 22, 2013
04/13
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and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have outside help, do you think? >> that's an excellent question. i'm sure in the coming days and weeks, law enforcement, the press will uncover virtually every aspect of the lives of these individuals, including the answer to that question. i do know that it is relatively and probably shockingly easy to assemble the components to make a bomb from things you can obtain in the united states. and there are terrorist organizations overseas that have instructions online for how to do that. and so it's something that we ought to look carefully at from the law enforcement p
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have...
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Apr 20, 2013
04/13
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CNNW
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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Apr 23, 2013
04/13
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all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and the fbi have done the kind of interrogation that at least -- that lindsey graham seems to want to have been done, perhaps not as extensive as it might have been. but there was a premiranda interrogation and authorities can work with that, at least now going forward. >> i think that's a fair point.
all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done...
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Apr 20, 2013
04/13
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CNNW
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he probably doesn't understand the miranda warnings at this point. >> allen, thank you. [ male announcer ] when you're at the corner of "multivitamin" and "multiple choice," come to walgreens for help finding the one that's right for you... like centrum. now, get four dollars off select centrum products with balance rewards card. at the corner of happy and healthy. for over 30 years. and it's now the most doctor recommended, the most preferred and the most studied. so when it comes to getting the most out of your multivitamin, the choice is clear. centrum. the choice is clear. when i take a picture of this check, it goes straight to the bank. oh. oh look the lion is out! no mommy no! don't worry honey, it only works on checks. deposit checks from your smartphone with chase quickdeposit. just snap a picture, hit send and done. take a step forward and chase what matters. >>> as the manhunt for suspect number two intensified, family members went in front of the camera delivering very different messages. the brothers were vilified by their uncle, but not by their parents. >> translator: he g
he probably doesn't understand the miranda warnings at this point. >> allen, thank you. [ male announcer ] when you're at the corner of "multivitamin" and "multiple choice," come to walgreens for help finding the one that's right for you... like centrum. now, get four dollars off select centrum products with balance rewards card. at the corner of happy and healthy. for over 30 years. and it's now the most doctor recommended, the most preferred and the most studied. so...
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Apr 22, 2013
04/13
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the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even months. but i just think it's important to emphasize that the obama administration has absolutely not considered that, has not considered that approach, and every terrorism suspect under either the george w. bush administration or the obama administration who was arrested on american soil has been treated as a criminal defendant in the united states courts. senator graham's proposal would an complete departure from that approach and i don't think there's any indication that's going to happen.that approach a there's any indication that's going to happen. >> and he's a naturalized u.s. citizen. only 19. but last
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even...